The Kejriwal-Baijal power tussle is not over it, and here's why we are saying that

The Delhi govt had challenged the Ministry of Home Affairs’ notifications empowering the LG to exercise powers in relation to services and directing the Anti-Corruption Bureau police not to take cognisance of offences against central government officials.

The Supreme Court (SC) has clarified that Delhi is not a state and that the LG is not the head but the elected government is. But the power tussle continues as some issues are yet to be decided.

Till the top court takes a stand, the high court (HC) decisions on these matters, mostly in the LG’s favour, will hold as the apex court had refused to stay the HC’s orders. Listed below are some HC verdicts:

1. The Delhi govt had challenged the Ministry of Home Affairs’ notifications (dated May 21, 2015 and July 23, 2014) empowering the LG to exercise powers in relation to services and directing the Anti-Corruption Bureau (ACB) police not to take cognisance of offences against central government officials. The HC ruled that ACB could probe Delhi officials and that of statutory bodies under LG, not central government officials. Matters connected with “services” fall outside the purview of the Legislative Assembly of Delhi, the HC said.

2. The Union had challenged an August 11, 2015, notification of the Delhi govt’s directorate of vigilance under the Commissions of Inquiry Act, 1952, appointing a commission of inquiry into the grant of CNG fitness certificates in the Transport Dept without seeking the LG’s views. HC viewed this illegal.

3. Six writs were filed by individuals challenging a notification dated August 4, 2015, by the Revenue Department, GNCTD, revising minimum rates of agricultural land (circle rules) under the provisions of Indian Stamp Act, 1899, and the Delhi Stamp (Prevention of Undervaluation of Instrument) rules without seeking the LG’s views. HC dubbed this as illegal.

4. A Petitioner challenged an order passed by the Dept of Power, GNCTD, under Delhi Electricity Reforms Act, 2000, read with Delhi Electricity Reforms (Transfer Scheme) Rules, 2001, appointing nominee directors on the board of electricity distribution companies without placing it before the LG. HC viewed this as illegal.

5. Delhi's Dept of Power had, in a notification dated June 12, 2015, issued policy directions to the Delhi Electricity Regulatory Commission regarding disrup-tion in electricity supply to consumers & compensation. HC ruled it cannot be issued without the LG’s opinion.

6. A Petitioner challenged a notification dated Dec 22, 2015, issued by the Directorate of Vigilance, GNCTD, under the Commissions of Inquiry Act, 1952, constituting the Commission of Inquiry, to inquire into irregularities in the functioning of the Delhi & District Cricket Association. HC declared it illegal for not consulting the LG.

7. The Delhi government had challenged an order passed by LG under Section 24, CrPC, appointing a special public prosecutor to conduct a trial in FIR 21/2012 in a special court under the Prevention of Corruption Act. This related to issue of fitness certificates to commercial vehicles. The High Court ruled against the LG in this case. HC said such power has to be exercised on the advice of the Council of Ministers.